Rainey v. Colvin

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT for 14 Report and Recommendation. Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 CHRISTOPHER JOSEPH RAINEY, 10 Plaintiff, 11 v. No. 2:16-cv-00088-SAB (MKD) ORDER ADOPTING REPORT 12 COMMISSIONER OF SOCIAL AND RECOMMENDATION TO 13 SECURITY, DENY PLAINTIFF’S MOTION 14 15 Defendant. FOR SUMMARY JUDGMENT Before the Court is Magistrate Judge Mary K. Dimke’s Report and 16 Recommendation to Deny Plaintiff’s Motion for Summary Judgment and to Grant 17 Defendant’s Motion for Summary Judgment, ECF No. 14. Judge Dimke applied 18 the correct standard in this review of the Commissioner of Social Security’s 19 administrative decision, and after a thorough analysis, recommends the Court 20 grant Defendant’s motion for summary judgment. 21 A district court has jurisdiction to review a magistrate judge’s report and 22 recommendation on dispositive matters. Fed. R. Civ. P. 72(b). Under 28 U.S.C. 23 § 636(b)(1) parties may file objections to the magistrate’s findings and 24 conclusions. The “statute makes it clear that the district judge must review the 25 magistrate judge’s findings and recommendations de novo if objection is made, 26 but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 27 2003). No objections were filed here, and the Court agrees entirely with Judge 28 Dimke’s recommendation, and adopts it in its entirety. ORDER ADOPTING REPORT AND RECOMMENDATION . . . ^ 1 1 Accordingly, IT IS HEREBY ORDERED: 2 1. The Court ADOPTS Magistrate Judge Dimke’s Report and 3 Recommendation to Dismiss Complaint Without Prejudice, ECF No. 14, in its 4 entirety. 5 2. Plaintiff’s Motion for Summary Judgment, ECF No. 10, is DENIED. 6 3. Defendant’s Motion for Summary Judgment, ECF No. 11, is GRANTED. 7 4. A judgment in favor of Defendant shall be ENTERED. 8 IT IS SO ORDERED. The District Court Executive is hereby directed to 9 ENTER this Order, FORWARD a copy to counsel, and CLOSE the file. 10 DATED this 23rd day of June, 2017. 11 12 13 14 15 16 17 Stanley A. Bastian United States District Judge 18 19 20 21 22 23 24 25 26 27 28 ORDER ADOPTING REPORT AND RECOMMENDATION . . . ^ 2

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